Responsibility for Special Education Services for Students Attending Charter Schools (K-12)

A number of questions have been posed recently from our clients about the responsibility for special education services to students attending charter schools. This memo is intended to provide a review of the legal duties that the various school agencies have for students with special needs attending a charter school. In reviewing this issue it is important to note that the answer to the issue of responsibility may depend on the nature of the charter school-independent or dependent; whether it is a local educational agency (LEA); and the terms of a memorandum of understanding between the charter school and its authorizing district.